Psychosocial Hazards Are Workplace Hazards
The HSE has been clear: psychosocial hazards are workplace hazards. Work-related stress, burnout, bullying, harassment and the psychological toll of modern working practices may carry an HR dimension, but they fall squarely within the health and safety framework, subject to the same regulatory obligations as any physical risk.
The obligations under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 apply to both physical and psychological harm.
Regulatory scrutiny in this area is intensifying. In its 2024/2025 annual report, the HSE indicated that, from 2026, inspections will increasingly focus on how employers are managing psychological ill health, as well as physical ill health. Additionally, reducing work-related ill mental health and stress forms one of the five core objectives of the HSE’s ten-year strategy for 2022 to 2032. More recently, in December 2025, the HSE issued a Notification of Contravention to a university, citing a material breach of health and safety law in relation to the management of work-related stress.
Employers who have not approached psychosocial risk through a health and safety lens therefore face exposure that extends beyond civil claims to regulatory investigation and enforcement, including the possibility of criminal prosecution.
The Risk Landscape Continues to Evolve
What makes 2026 particularly significant is that the psychosocial hazard profile of the modern workplace is changing rapidly, and regulation and enforcement are moving to keep pace. The nature of work is evolving faster than many organisations are adapting their risk management frameworks.
Employers are now navigating risks that either did not exist, or were not widely recognised, a decade ago:
- AI and automation – job displacement anxiety, loss of autonomy, and the psychological impact of working alongside or being monitored by technology.
- ‘Always-on’ digital culture – the erosion of boundaries between work and rest, leading to chronic stress and burnout.
- Hybrid and remote working – isolation, reduced social connection and the management challenges associated with a dispersed workforce.
- Economic pressure and uncertainty – job insecurity and financial stress as emerging workplace hazards.
- Increased workload intensity – fewer people carrying heavier workloads, increasing the risk of burnout.
The key question for employers is whether their risk assessment framework reflects the workplace they actually have today.
Organisations that encounter regulatory scrutiny rarely do so because they ignored psychosocial risk altogether. More often, their systems and controls simply failed to evolve alongside the changing nature of work.
Talk to Us
Psychosocial health and safety is a complex, fast-moving area that is attracting increasing regulatory attention. It is unlikely that generic guidance or a standard policy alone will provide adequate protection.
We advise and defend employers across a wide range of sectors on health and safety regulatory matters. If you would like to better understand your organisation’s exposure and how to manage it effectively, we would welcome a conversation.
Contact our Health and Safety Regulatory team directly or visit our website to find out more about how we can help.
About the author
Mariella advises on regulatory investigations, compliance and criminal prosecutions, with a strong focus on high-stakes and reputationally sensitive matters.
